V.A.Balamurugan vs The Inspector Of Police
2022 Latest Caselaw 13950 Mad

                                                                     Crl.O.P.(MD) No.12936of 2022

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 04.08.2022

                                                        CORAM:

                                  THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

                                           Crl.O.P.(MD) No.12936 of 2022
                                          and CrlM.P(MD) No.8210 of 2022

                     V.A.Balamurugan                                          ... Petitioner

                                                           Vs.

                     1. The Inspector of Police
                       Tiruchendur Temple Police Station
                       Tiruchendur, Thoothukudi District

                     2.M.Vellaian                                      ....Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
                     praying to call for the records pertaining to the FIR in Crime No. 62 of
                     2022 on the file of the first respondent police and quash the same in
                     respect of the petitioner alone.


                                     For Petitioner  : Mr.G.Balasubramani
                                     For Respondents : Mr.A.Albert James
                                     No.1              Government Advocate(Crl.Side)
                                     No.2            : Mr.B.Chirstopher




                     1/5

https://www.mhc.tn.gov.in/judis
                                                                              Crl.O.P.(MD) No.12936of 2022




                                                             ORDER

This Criminal Original Petition has been filed to quash the FIR in

Crime No.62 of 2022 on the file of the first respondent police

2.The case of the prosecution is that due to some wordy quarrel,

the petitioner herein said to have abused the defacto complainant and

also threatened with dire consequences. Hence the case came to be

registered.

3.The case is still at the stage of investigation. By passage of time,

the parties have decided to bury their hatchet and compromise the dispute

amicably among themselves.

4.A Joint Memo of Compromise has been filed before this Court

which have been signed by the petitioner and the second respondent and

also by their respective counsel. The petitioner and the second

respondent were also present in person before this Court and they were

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.12936of 2022

identified by Mr.T.Kumar, Sub Inspector of Police, Tiruchendur Temple

Police Station as well as by the learned Counsels appearing for the

parties. This Court also enquired both the parties and was satisfied that

the parties have come to an amicable settlement between themselves.

5.In the instant case, the dispute is a wordy quarrel and the parties

had compromised. Where the parties have compromised the matter, the

High Court has power to quash the complaint for the offence under

Sections 294(b),307,506(ii) of IPC.

6.The legal position expressed by the Hon'ble Apex Court in the

case of Gian Singh vs. State of Panjab and another reported in

(2012)10 SCC 303 and Parbathbhai Aahir @ Parbathbhai Vs. State of

Gujrath) reported in (2017)9 SCC 641 were taken into consideration.

7.In the light of the guidelines issued in the above said Judgments

of the Hon'ble Apex Court, no useful purpose will be served in keeping

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.12936of 2022

the proceedings in Crime No. 62 of 2022 pending before the first

respondent police, even though, the offences involved are not

compoundable in nature.

8.Accordingly, this Criminal Original Petition stands allowed and

as a sequel, the proceedings in Crime No.62 of 2022 on the file of the

first respondent police respondent police, is quashed insofar as the

petitioner and the terms of joint compromise memo shall form part and

parcel of this order. Consequently connected miscellaneous petition is

closed.

04.08.2022

Internet:Yes Index:Yes/No Speaking/Non speaking order aav

To

1. The Inspector of Police Tiruchendur Temple Police Station Tiruchendur, Thoothukudi District

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.12936of 2022

V.SIVAGNANAM, J.

aav

Crl.O.P.(MD) No.12936 of 2022

04.08.2022

https://www.mhc.tn.gov.in/judis